State of Minnesota HOUSE OF REPRESENTATIVES

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1 This Document can be made available in alternative formats upon request 02/16/2017 State of Minnesota HOUSE OF REPRESENTATIVES 1303 NINETIETH SESSION H. F. No. Authored by Albright, Vogel, Davids and Mahoney The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance 1.1 A bill for an act 1.2 relating to taxation; income; establishing a new markets tax credit program; 1.3 requiring a report; appropriating money; amending Minnesota Statutes 2016, 1.4 section 297I.20, by adding a subdivision; proposing coding for new law in 1.5 Minnesota Statutes, chapter 290; proposing coding for new law as Minnesota 1.6 Statutes, chapter 116X. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. [116X.01] NEW MARKETS TAX CREDIT. 1.9 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have 1.10 the meanings given (b) "Applicant" means a qualified community development entity as defined in paragraph 1.12 (l) (c) "Applicable percentage" means five percent for each of the first three credit allowance 1.14 dates and six percent for each of the final four credit allowance dates (d) "Commissioner" means the commissioner of employment and economic development (e) "Credit allowance date" means: 1.17 (1) the date on which a qualified equity investment is initially made; and 1.18 (2) each of the six anniversary dates thereafter (f) "Greater Minnesota" means the area of the state that excludes the metropolitan area, 1.20 as defined in section , subdivision (g) "Internal Revenue Code" has the meaning given in section , subdivision 31. 1

2 2.1 (h) "Investments held by an issuer" means any capital or equity investment or loan held 2.2 by an issuer, even if the qualified low-income community investment has been sold or 2.3 repaid; provided that the issuer reinvests an amount equal to the capital returned to or 2.4 recovered by the issuer from the original investment, exclusive of any profits realized, in 2.5 another qualified low-income community investment within 12 months of the return or 2.6 recovery of the capital investment. For the purposes of this requirement, an issuer is not 2.7 required to reinvest capital returned from qualified low-income community investments 2.8 after the sixth anniversary of the issuance of the qualified equity investment. The qualified 2.9 low-income community investment is considered to be held by the issuer through the seventh 2.10 anniversary of the qualified equity investment's issuance. Periodic amounts received by the 2.11 issuer during a calendar year as repayment of principal on a loan that is a qualified 2.12 low-income community investment shall be treated as continuously invested in a qualified 2.13 low-income community business if the amounts received are reinvested in another qualified 2.14 low-income community business within 12 months (i) "Issuer" means a qualified community development entity or its subsidiary community 2.16 development entity that applies for an allocation of state tax credit authority which it issues 2.17 to taxpayers for their qualified equity investment in a qualified community development 2.18 entity pursuant to this section (j) "Purchase price" means the amount paid by an investor as a qualified equity investment 2.20 to the issuer in exchange for a tax credit allocation (k) "Qualified active low-income community business" has the meaning given in section D of the Internal Revenue Code. The term does not include: 2.23 (1) any trade or business engaged in insurance, banking, lending, lobbying, political 2.24 consulting, or leisure; or 2.25 (2) any trade or business activity consisting of the operation of any private or commercial 2.26 golf course, country club, suntan facility, hot tub facility, massage parlor, race track, or 2.27 other facility used for gambling, or any store the principal business of which is the sale of 2.28 alcoholic beverages for consumption off premises (l) "Qualified community development entity" has the meaning given in section 45D of 2.30 the Internal Revenue Code; provided that the entity: 2.31 (1) has previously entered into an allocation agreement with the Community Development 2.32 Financial Institutions Fund of the United States Treasury Department with respect to credits 2.33 authorized by section 45D of the Internal Revenue Code; 2

3 3.1 (2) includes the state within the service area set forth in the allocation agreement; and 3.2 (3) has direct lending experience serving businesses in disadvantaged communities in 3.3 the state and a primary mission of economic development. 3.4 (m) "Qualified equity investment" means an equity investment in a qualified community 3.5 development entity, if the equity investment: 3.6 (1) is acquired after January 1, 2017, at its original issuance solely in exchange for cash; 3.7 (2) has at least 95 percent of its cash purchase price used by the issuer to make initial 3.8 qualified low-income community investments with reinvestments required to be made in 3.9 Minnesota at a minimum of 85 percent of the amount returned or recovered by the issuer; 3.10 (3) is designated by the issuer as a qualified equity investment under this subdivision 3.11 and is certified by the commissioner as not exceeding the limitation contained in subdivision The term includes any qualified equity investment that does not meet the provisions of 3.13 this paragraph if the investment met the definition of a qualified equity investment while 3.14 under possession of a prior holder; and 3.15 (4) not more than five percent of the qualified equity investment is held as a loan loss 3.16 reserve (n) Qualified low-income community investment" means any capital or equity investment 3.18 in, or loan to, any qualified active low-income community business (o) "Tax credit" means a credit against the tax otherwise due under chapter 290 or any 3.20 gross premiums tax under chapter 297I (p) "Taxpayer" means any individual or entity subject to the tax imposed under chapter or 297I Subd. 2. Credit allowed; qualification; limitation. (a) A taxpayer that makes a qualified 3.24 equity investment is entitled to a tax credit subject to the conditions and limitations provided 3.25 in this section (b) The tax credit amount equals 39 percent of the state tax credit authority allocated 3.27 pursuant to this section and assigned to a qualified equity investment. The amount of the 3.28 tax credit claimed must not exceed the amount of the taxpayer's state tax liability under 3.29 chapter 290 or 297I for the tax year for which the tax credit is claimed. On each credit 3.30 allowance date of the qualified equity investment the taxpayer, or subsequent holder of the 3.31 qualified entity investment, is entitled to a tax credit during the taxable year including the 3.32 credit allowance date. The tax credit is not transferable. 3

4 4.1 (c) Tax credits earned by a partnership, a limited liability company, an S-corporation, 4.2 or other pass-through entity may be allocated to the partners, members, or shareholders of 4.3 the entity for their direct use in accordance with the provisions of any agreement among 4.4 the partners, members, or shareholders. 4.5 (d) Any amount of tax credit that the taxpayer is prohibited by this section from claiming 4.6 in a taxable year may be carried forward to any of the taxpayer's five subsequent taxable 4.7 years. 4.8 (e) The amount of allocation authority under this subdivision cannot exceed a cumulative 4.9 outstanding and unused allocation of $300,000, Subd. 3. Certification. The issuer of the qualified equity investment must certify to the 4.11 commissioner the anticipated dollar amount of the investment to be made within the state 4.12 of Minnesota during the first 12-month period following the initial credit allowance date Subd. 4. Amount certified. The commissioner shall certify up to $300,000,000 in tax 4.14 credit authority over a three-year period for taxable years beginning after December 31, The commissioner shall certify allocations of tax credit to issuers based on a 4.16 competitive review of applications received by the commissioner using criteria established 4.17 in subdivision Subd. 5. Application. (a) The commissioner shall develop an application form calling 4.19 for information necessary to evaluate Minnesota benefits from tax credit projects (b) Prior to allocating state tax credits to an issuer under this subdivision, the 4.21 commissioner shall consider the following: 4.22 (1) whether the qualified community development entity has demonstrated experience 4.23 providing capital or technical assistance to disadvantaged businesses or communities in the 4.24 state; 4.25 (2) the extent to which an applicant demonstrates direct experience in asset and risk 4.26 management and in fulfilling government compliance requirements, particularly for tax 4.27 credit program compliance; 4.28 (3) the extent to which an applicant demonstrates a capitalization strategy that ensures 4.29 that the economic benefit of the tax credit remains in the state; 4.30 (4) the extent to which the applicant establishes standards for wages and benefits 4.31 exceeding federal poverty guidelines and includes a means by which to monitor and measure 4.32 ongoing compliance with those standards; 4

5 5.1 (5) in circumstances where the state allocation is paired with a federal new market tax 5.2 allocation, the extent to which the applicant develops evaluation criteria and tools to assess 5.3 the extent to which the state allocation is necessary to produce the community benefit to be 5.4 provided through financing of the qualified active low-income community business; 5.5 (6) the financial contributions expected to be made to the project from nonstate sources; 5.6 and 5.7 (7) any other criteria the commissioner deems necessary. 5.8 Subd. 6. Credit recapture. (a) The commissioner shall recapture the tax credit allowed 5.9 under this section if any amount of the federal tax credit available with respect to a qualified 5.10 equity investment that is eligible for a tax credit under this section is recaptured under 5.11 section 45D of the Internal Revenue Code (b) Any tax credit that is subject to recapture must be recaptured from the taxpayer that 5.13 claimed the tax credit on a return Subd. 7. Allocation of credit. The commissioner shall allocate the credits based on 5.15 criteria in subdivision 5, provided that a proportional allocation of the available annual 5.16 allocation authority is allocated to qualified equity investment located in greater Minnesota 5.17 as defined in subdivision 1, paragraph (f) Subd. 8. Suballocation. An approved qualified community development entity may 5.19 transfer all or a portion of its qualified equity investment authority from its qualified 5.20 community development entity to a subsidiary qualified community development entity 5.21 provided that the qualified community development entity provides written notification to 5.22 the commissioner within 30 days of the transfer. The subsidiary shall be subjected to the 5.23 same rules, requirements, and limitations applicable to the qualified community development 5.24 entity Subd. 9. Annual reporting by community development entities. (a) A community 5.26 development entity that has issued a qualified equity investment must submit an annual 5.27 report to the commissioner within 180 days after the end of the fiscal year of a community 5.28 development entity which includes a credit allowance date. The report shall include 5.29 information on investments made in the preceding year, including but not limited to the 5.30 following: 5.31 (1) the identity of the types of industries, identified by the North American Industry 5.32 Classification System Code, in which a qualified low-income community investment were 5.33 made; 5

6 6.1 (2) the names of the counties in which the qualified active low-income community 6.2 businesses are located which received qualified low-income community investments; 6.3 (3) the number of jobs created and retained by qualified active low-income community 6.4 businesses receiving qualified low-income community investments, including verification 6.5 that the average wages and benefits paid to full-time employees, based on an hourly wage 6.6 for a 40-hour work week, meet or exceed 105 percent of the federal poverty income 6.7 guidelines for a family of four; and 6.8 (4) other information and documentation required by the commissioner to verify continued 6.9 certification as a qualified community development entity under United States Code, title , section 45D (b) Within 120 days after the end of the applicant's fiscal year which includes a credit 6.12 allowance date, an applicant must submit annual financial statements for the preceding tax 6.13 year in a form established by the commissioner Subd. 10. Application fees; account created. A nonrefundable application fee shall be 6.15 submitted by the qualified community development entity at the time the application is 6.16 submitted and shall be equal to an amount as published in the Minnesota new markets tax 6.17 credit program application. The commissioner may allow up to 25 percent of the fee to be 6.18 submitted up to 180 days following the allocation award and up to 25 percent of the fee to 6.19 be submitted up to 270 days following the allocation award. Application fees are deposited 6.20 in the new market tax credit administration account in the special revenue fund Subd. 11. Administrative fees. Upon the issuance of a qualified equity investment by 6.22 a qualified community development entity, an administrative fee in an amount determined 6.23 by the commissioner and published in the allocation agreement will be deposited in the new 6.24 markets tax credit administration account in the special revenue fund Subd. 12. Administrative expenses. Amounts in the new markets tax credit 6.26 administration account are appropriated annually to the commissioner for administrative 6.27 expenses related to administering the new markets tax credit in this section Subd. 13. Program report. The commissioner shall report to the legislature no later 6.29 than December 31, 2024, regarding the implementation of this tax credit, including an 6.30 evaluation of the success of the tax credit in the state Subd. 14. Expiration. This section expires seven taxable years following final enactment, 6.32 except that the commissioner's authority to allow the credit under subdivision 2 based on 6.33 certificates that were issued under subdivision 3 before expiration remains in effect through 6

7 7.1 the year following the year in which all certificates have either been canceled or resulted 7.2 in issuance of credit certificates, or 2031, whichever is earlier. 7.3 EFFECTIVE DATE. This section is effective for taxable years beginning after December , Sec. 2. [ ] NEW MARKET TAX CREDIT. 7.6 Subdivision 1. Definition. For purposes of this section, "qualified equity investment" 7.7 has the meaning given in section 116X.01, subdivision Subd. 2. Credit allowed. A taxpayer that makes a qualified equity investment is allowed 7.9 a credit against the tax imposed under this chapter equal to the amount provided under 7.10 section 116X.01, subdivision Subd. 3. Audit powers. Notwithstanding any issuance of credit by the commissioner 7.12 of employment and economic development under section 116X.01, the commissioner may 7.13 utilize any audit and examination powers under chapter 270C or 289A to the extent necessary 7.14 to verify that the taxpayer is eligible for the credit and to assess for the amount of any 7.15 improperly claimed credit EFFECTIVE DATE. This section is effective for taxable years beginning after December , Sec. 3. Minnesota Statutes 2016, section 297I.20, is amended by adding a subdivision to 7.19 read: 7.20 Subd. 4. New markets tax credit. (a) For purposes of this subdivision, "qualified equity 7.21 investment" has the meaning given in section 116X.01, subdivision (b) An insurance company that makes a qualified equity investment may claim a credit 7.23 against the premiums tax imposed under this chapter equal to the amount provided under 7.24 section 116X.01, subdivision (c) This credit does not affect the calculation of police and fire aid under section EFFECTIVE DATE. This section is effective the day following final enactment and 7.27 applies to premium tax returns originally due on or after December 31, Sec. 3. 7